2017 ORS
105.205¹

Who may maintain partition

When several persons hold real property as tenants in common, in which one or more of them have an estate of inheritance, or for life or years, or when several persons hold as tenants in common a vested remainder or reversion in any real property, any one or more of them may maintain a suit for the partition of the real property according to the respective rights of the persons interested therein, and for a sale of all or a part of the property if it appears that a partition cannot be had without great prejudice to the owner.

Where there is statutory preference for parti­tion in kind and it would not produce great prejudice, court did not err in ordering parti­tion in kind instead of private sale. Miller v. Miller, 101 Or App 371, 790 P2d 1184 (1990)

Right of tenant in common to maintain suit for parti­tion of real prop­erty may be expressly or impliedly limited, restricted or prohibited by pro­vi­sions of wills or deeds under which parties claim. Owen v. Zorn Farms, Inc., 186 Or App 199, 62 P3d 854 (2003), Sup Ct review denied

3 OregonLaws.org assembles these lists by analyzing references between Sections. Each
listed item refers back to the current Section in its own text. The result reveals
relationships in the code that may not have otherwise been apparent.

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